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be retained for a period of three years following applicable law, each such provision or submission of the final Federal Financial Status requirement shall continue to be enforced to the Report,if applicable, or three years following the extent it is not in violation of law or is not submission of a revised final Federal Financial otherwise unenforceable and all other provisions Status Report. Also, If any litigation, claim, and requirements of this contract shall remain in negotiation, audit, disallowance action, or other full force and effect. action involving this Contract has been started before expiration of the five-year retention period Headings: The Section and Paragraph headings described above, the records must be retained in these General Terms and Conditions are not until completion of the action and resolution of all material parts of the agreement and should not be issues which arise from it,or until the end of the used to construe the meaning thereof. regular five-year period described above, whichever is later.The record retention period for Time of the Essence:Time is of the essence in Temporary Assistance for Needy Families(TANF) the performance of this contract. and MEDICAID and Medical Assistance grants and programs must be retained for a minimum of Key Personnel: The Contractor shall not replace ten years. any of the key personnel assigned to the performance of this contract without the prior Warranties and Certifications written notification of the Contractor. The term Date and Time Warranty: "key personnel' includes any and all persons The Subcontractor identified by as such th the contract documents warrants that the product(s) and service(s) and any other persons subsequently identified as furnished pursuant to this contract (`product" key personnel by the written agreement of the includes, without limitation, any piece of parties. equipment, hardware, firmware, middleware, custom or commercial software, or Internal Care of Property: The Subcontractor agrees that components,subroutines,and interfaces therein) it shall be responsible for the proper custody and that perform any date and/or time data recognition care of any property furnished to it for use in function,calculation,or sequencing will support a connection with the performance of this contract four digit year format and will provide accurate and will reimburse the Contractor for loss of, or • date/time data and leap year calculations. This damage to, such property. At the termination of warranty shall survive the termination or expiration this contract, the Subcontractor shall contact the of this contract. Area Agency on Aging for instructions as to the disposition of such property and shall comply with Certification Regarding Collection of Taxes: these instructions. G.S.143-59.1 bars the Secretary of Administration from entering into contracts with vendors that Travel Expenses: Reimbursement to the meet one of the conditions of G.S. 105-164.8(b) Subcontractor for travel mileage, meals, lodging and yet refuse to collect use taxes on sales of and other travel expenses incurred in the tangible personal property to purchasers in North performance of this contract shall not exceed the Carolina. The conditions include:(a)maintenance rates published in the applicable State rules. of a retail establishment or office;(b)presence of International travel shall not be reimbursed under representatives in the State that solicit sales or this contract. transact business on behalf of the vendor;and(c) systematic exploitation of the market by media- Sales/Use Tax Refunds: if eligible, the assisted, media-facilitated, or media-solicited Subcontractor and all subcontractors shall:(a)ask means. The Contractor certifies that it and all of the North Carolina Department of Revenue for a its affiliates(if any)collect all required taxes. refund of all sales and use taxes paid by them in Miscellaneous the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable Amendment: This contract may not be amended sales and use taxes from all reportable orally or by performance. Any amendment must expenditures before the expenses are entered In be made in written form and executed by duly their reimbursement reports. authorized representatives of the Contractor. Advertising: The Contractor shall not use the Severability: In the event that a court of award of this contract as a part of any news competent jurisdiction holds that a provision or release or commercial advertising. requirement of this contract violates any Page 6 of 12